Bowmans successfully acted for Phumelela Gaming, a leading gaming company listed on the Johannesburg Stock Exchange. The matter involved appealing the decision of the relevant authority to grant an environmental authorisation to a mining company to extend its coal mine situated close to the racecourse. The expansion would result in the mine coming even closer to the racecourse. The appeal challenged the environmental impact assessment, especially a failure to adequately assess air quality impacts of the expansion, equine health impacts given close proximity to the stables and impact of noise and vibration on animals.

The appeal was partially successful in that the environmental authorisation was not set aside but the mining company was required to amend the environmental management programme to address equine health and impact on animals and negotiate with Phumelela on appropriate mitigation measures.

We drafted the appeal documents and engaged with the authorities.